Prohibited contact order for person for whom preventative detention order is already in force
33 Prohibited contact order for person for whom preventative detention order is already in force
If a preventative detention order is in force for a person, a police officer may apply to the issuing authority for a prohibited contact order under this section in relation to the person’s detention under the preventative detention order.
The application must be in writing and state—
the terms of the order sought; and
the facts and other grounds on which the police officer considers that the order should be made.
The application must be sworn if the preventative detention order is a final order.
The application must also fully disclose all matters of which the applicant is aware, both favourable and adverse to the making of the order.
If the issuing authority is satisfied that making the prohibited contact order will assist in achieving the purpose for which the preventative detention order was made, the issuing authority may make a prohibited contact order under this section that the person is not, while being detained under the preventative detention order, to contact another person stated in the prohibited contact order.
Note—See section 8(3) and (5) for the purpose for which a preventative detention order may be made.
The prohibited contact order must be in writing.
This Act’s bill:Explanatory memorandum
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